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Blog Cabemery

Emery Mukendi Wafwana & Associates > Blog Cabemery (Page 5)

Congo-Brazzaville: Adoption of bill on single window for cross-border operations

Congo-Brazzaville: Bill on the creation of a single window for cross-border operations has been adopted  Sancy Lenoble Matschinga and Antoine Luntadila Kibanga.  The Congolese government has just announced its plan to set up a Single Window for cross-border commercial operations. The announcement was made by the Minister of Transportation and Merchant Navy, Martin Parfait Aime Coussou-Mavoungou, during his speech at the National Assembly (Congolese House of Representatives) on April 27, 2013. This government's announcement falls within the scope of improving the business climate. An important aspect of this is the Decree n°94-568 of October 10, 1994, modified by Decree n°95-183 of October 18, 1995, showing...

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Congo Brazzaville: Creation of Single Window for cross-border operations

Sancy Lenoble Matschinga and Antoine Luntadila Kibanga  The Congolese government has just announced its plan to set up a Single Window for cross-border commercial operations. The announcement was made by the Minister of Transportation and Merchant Navy, Martin Parfait Aime Coussou-Mavoungou, during his speech at the National Assembly (Congolese House of Representatives) on April 27, 2013.  This government's announcement falls within the scope of improving the business climate. An important aspect of this is the Decree n°94-568 of October 10, 1994, modified by Decree n°95-183 of October 18, 1995, showing that the Republic of Congo (“Congo Brazzaville”) had already set up the center for...

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Congo-Brazzaville: Creation of an Investment Promotion Agency

Antoine Luntadila and Sancy Lenoble Matschinga  On August 22, 2012, the President of the Republic of Congo-Brazzaville enacted Law No. 19-2012 on the creation of the Investment Promotion Agency[1]. Under this law, the Investment Promotion Agency is an administrative public institution, with legal status and financial   autonomy[2]. The Agency is based in Brazzaville, the capital city of the Republic of Congo, and is under the authority of the Minister of Promotion of the Private Sector. By Decree No. 2013-132 of April 17, 2013 on the approval of the articles of association of the Investment Promotion Agency[3]  the Congolese Government gave effect to the...

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Burkina Faso: The National Assembly has passed the New Environment Code

Antoine Luntadila & Yoni Amado. Located in the heart of West Africa, Burkina Faso, a Sahel country is among the group of least-developed countries. With a population of more than 14 million of whom more than 80% live on activities directly or indirectly related to land, the country of upright people, like other Sahel countries, is confronted to emerging environmental problems. Agricultural techniques, large and systematic use of wood as source of energy in rural areas, and the mining boom these past years coupled with uncontrolled development of artisanal mining and the growing industrial mining, are intensifying global warming and causing major...

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Ratification du protocole d’accord de coopération du 9 septembre 2010 entre le Congo-Brazzaville et l’Angola dans le domaine des mines et de la géologie

 Sancy Lenoble Matschinga Par une loi n° 17-2013 du 13 aout 20131, la République du Congo, ou Congo-Brazzaville, vient d’autoriser la ratification du protocole d’accord de coopération conclu avec la République d’Angola dans le domaine des mines et de la géologie en date du 9 septembre 2010. Le Congo-Brazzaville a une frontière commune avec l’enclave du Cabinda qui est le moteur de la croissance économique de l’Angola. Les deux pays sont connus pour regorger d’importantes ressources naturelles. Cette coopération s’inscrit dans un contexte de renforcement des relations économiques entre les deux pays. Il convient de noter que ladite loi intervient quelques mois seulement...

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Characteristics of hydrocarbon in the Republic of Congo

Antoine Luntadila Kibanga The Republic of Congo is one of the hydrocarbon-producing countries in Africa. This production accounts for a larger contribution of around 75% to the State budget.  Prospection, research, exploitation, storage and transport of hydrocarbons from the site are governed by Act n° 24-94 of August 23, 1994 in respect of Hydrocarbon Code. As a supplement to the aforementioned Act, Act n° 6-2001 of October 19, 2001 organizes activities of hydrocarbons and hydrocarbon by-products refinery, imports, exports, transit, re-exports, storage, bulk transport, distribution and marketing. The Act of 2001 provides that the specifications and characteristics of hydrocarbons must be compliant with...

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Significant changes currently taking place in electrical power law in the Democratic Republic of Congo

Eric TSHIMANGA MUKENDI In article 48 of DRC Constitution of 18 February 2006 as amended to date, the right of access to electricity is enshrined and guaranteed to the entire Congolese population. However, in actual fact, the situation is quite different because of the huge deficit in the supply of electricity to the population i.e. there is a weak coverage rate. Only a small number of the population have access to electricity and even then only infrequently. Amongst causes behind this situation mainly lies the existence of a legal framework which is unattractive and inadequate to current environment. The legal framework that...

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Aviation Security interests in the Democratic Republic of Congo and the CEMAC

Upio Kakura Wapol Through Law No 10/014 of December 31, 2010 in respect of civil aviation, the Democratic Republic of Congo (“DRC”) has reformed and modernized the legal and institutional framework of air transport. Pursuant to this law, many statutory instruments were enacted especially to set forth requirements to grant operating permits for air services and air operator's certificates, as well as lay down criteria for design, construction and technical operation standards of airfields open to public air traffic. Before the reform was initiated in 2010, the new Congolese Aviation Law has introduced mortgages and preferential rights on aircraft, which were covered...

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DRC: Adoption of legal framework for fiber optic telecommunication networks

DRC: Adoption of legal framework for the implementation and operation of fiber optic telecommunication networks Eric Tshimanga Mukendi The Minister of Posts, Telecommunications and New Technologies of Information and Communication, « The Minister », has recently  taken,  not without  reason, a Decree of major importance in a world where the  quality of telecommunication services is required at any price. It is the Ministerial Decree of n° CAB/MIN/PTNTIC/TKKM/PKM/sap/022/012 of December 21, 2012 defining the terms and conditions to establish and operate fiber optic telecommunication networks in the Democratic Republic of the Congo[1], (« DRC ») referred as « the Ministerial Decree». Optical fibers are recognized for their excellent qualities...

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Insurance and Reinsurance in South Africa

By Edmond Cibamba Diata and Fulgence Kalema  In SouthDownload the original version, part of the International Comparative Legal Guide (ICLG), Insurance & Reinsurance 2013, 2nd Edition 1. Regulatory In South Africa, (re)insurance companies are regulated by the Financial Services Board (“FSB”) which is the government agency responsible for the non-banking financial services industry, including (re)insurance. It is an independent body that supervises and regulates the financial services industry in the public interest. The FSB is responsible for the incorporation of (re)insurance companies and monitoring their activities in accordance to the Long Term Insurance Act 52 of 23 September 1998 (“Long Term Insurance Act”)...

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Protection of State-owned companies following accession of the DRC to OHADA

Protection of State-owned companies subsequent to the accession of  the DRC to OHADA By Emery Mukendi Wafwana & Upio Kakura Wapol The entry into force of the Organization for the Harmonisation of Business Law in Africa (OHADA Law) since 12 September 2012 in the Democratic Republic of Congo (DRC) i.e. the Treaty, Regulations, Decisions and Uniform Acts, thus making the country the OHADA 17th member State does not cause any coexistence problem, as OHADA norms are supranational in nature, mandatorily apply and repeal any previous or subsequent regulatory and legal provisions. However, such enforceability of OHADA Law seems to have worried in a...

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New Regulations on tax residency certificate in Mauritius

By Rizwana Ameer Meea and Willy Bashiya Mbayi Mauritius is a strategic Global Business center situated in the Indian Ocean region. It is one of the most open and financially sound economies in sub-Saharan Africa. Mauritius is located between Asia and Africa, and the success of its economy is largely a result of its political and socio-economic stability, coupled with good governance and a wide range of incentives to boost investment. Mauritius is recognized as being an excellent place for doing business. The country’s adoption of international best business practices and sustainable development policies has been acknowledged by international agencies such...

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DRC: New agricultural law n° 11/022 of December 24, 2011 currently being amended and supplemented

The Democratic Republic of the Congo new agricultural law n° 11/022 of December 24, 2011 is currently being amended and supplemented  By Jonathan van Kempen and Nady Mayifuila Introduction On December 24, 2011, the Democratic Republic of the Congo (“DRC”) enacted a new agricultural Law, n° 11/022, (the “Law”) that sets broad guidelines for the agricultural sector. Since its entry into force on June 24, 2012, the Law has been a source of concern for foreign businesses operating in the agricultural sector because of its ownership clause which restricts foreigners’ access to farmlands. Since the promulgation of the Law, investors in the agriculture...

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Paul Fortin Joins Emery Mukendi Wafwana & Associates, P.C.

Renowned International Mining Consultant Paul Fortin joins the International African law firm Emery Mukendi Wafwana & Associates P.C The Law Firm Emery Mukendi Wafwana & Associates (Cabemery) is pleased to announce that Paul Fortin joined our team in New York as Mining Consultant Paul Fortin has tremendous national and international experience in advising investors, mine operators and governments from all around the world on policy and regulatory framework and carrying out resulting implementation programs in project development, mining, fiscal reform, privatization and public sector reform. Paul Fortin has impressive track records of transactional and regulatory legal work in many jurisdictions around the world,...

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DRC: Delay in Application of Uniform Act on Business Accounting Systems

DRC: Delay in the application of the Uniform Act organising and harmonising company accounting systems The entry into force of the OHADA Treaty in the Democratic Republic of the Congo (DRC) resulted in the immediate application of the Treaty, its Regulations and Uniform Acts. It also led to the repeal of any DRC anterior legal instruments contrary to the Treaty and its Uniform Acts.  In particular and in accordance with article  10 of the OHADA Treaty, it repealed all instruments contrary to the Uniform Act organising and harmonising company accounting systems (Uniform Act on accounting law) dated of 24 March 2000. However,...

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The Democratic Republic of the Congo is privatizing its insurance sector

  By Eric Tshimanga Mukendi  In September 2012, the Government of the Democratic Republic of Congo (DRC) submitted to the Parliament a bill of law on the Insurance Code for discussion and adoption prior to its promulgation by the head of State and publication in the official gazette in accordance with articles 100, paragraph 2 and 130 to 137 of the DRC constitution. During the period starting from 1885 the year of the creation of the Congolese State formerly known as ‘’Etat Indépendant du Congo” (E.I.C) until 1966, the insurance sector was dominated by foreign companies from Belgium, France, Holland, Great-Britain and...

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Overview on Mining Law in Burkina Faso and Current Trends

  Par Jonathan Vankempen  Introduction  Burkina Faso is a landlocked country in West-Africa and surrounded by six countries: Mali to the north; Niger to the east; Benin to the southeast; Togo and Ghana to the south and Ivory Coast to the southwest. Burkina Faso is rich in natural resources and is emerging as one of the most attractive mining destinations in Africa especially for gold exploration and exploitation. Burkina Faso is ranked by Fraser Institute the third most attractive in Africa for mining with only Botswana and Ghana ahead of Burkina Faso[1]. The income from gold plays an important role for the...

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Democratic Republic of the Congo (in The Mining Law Review, November 2012)

"Democratic Republic of Congo" in The Mining Law Review, Law Business Research, November 2012 . By Emery Mukendi Wafwana, Edmond Cibamba Diata, Nady Mayifuila, Jonathan van Kempen, and Eric Mumwena Kasonga. The Democratic Republic of the Congo (‘the DRC’) is immensely rich in natural resources and holds some of the largest deposits anywhere in the world. The country holds one-third of the world’s reserves of cobalt and one-tenth of its copper reserves and contains 80 per cent of world reserves of columbite-tantalite (‘coltan’). The DRC holds the largest known reserves of diamonds and the largest undeveloped gold deposits in the world. The country also...

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The DRC New Agricultural Law No. 11 /22 of December 24, 2011

"The DRC New Agricultural Law No. 11 /22 of December 24, 2011" in Africa Law Today, Vol. 4, Issue 3, 2012 By Jonathan van Kempen and Nady Mayifuila The Democratic Republic of the Congo (the “DRC”) is a large agricultural country with 80 million hectares of arable land of which only 10 percent are currently exploited. The DRC is the second country in terms of arable land available for cultivation activities after Brazil and has the capacity to feed around two billion people. However, despite its large tracts of arable land, its major river system, its variety of climates, its fisheries potential...

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DRC: The ownership of a mine after termination of mining and quarry rights

The ownership of a mine after termination of mining and quarry rights By Eugénie ELANGA MONKANGO 1.― The purpose of granting of a Mining Permit, a Small Mine Exploitation License, and Exploitation License for Tailings or Authorization for Permanent Quarry Exploitation, collectively referred to (« mining and quarry rights ») is principally to grant to their titleholders the right to mine natural or artificial deposits located above or below the concerned mining perimeter. Theses mining and quarry rights also confer to their titleholders the right to construct, within the mining or quarry perimeter[1] (« perimeters »), facilities and infrastructures for mining operation, other industries relating to...

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